Fixed Term Employment Policy

Transcription

1 Fixed Term Employment Policy Status Approved Consultation with JCC - Final Approval JCC 4 Final Approval EB 25 Final Approval SPC 21 Court Approval 27 Publication on Web Site August 2014 Checked for legal compliance: 01 August 2014

2 Contents 1 Purpose Scope Eligibility Use of Fixed-Term Contracts Employment Extending a Fixed-Term Contract Entitlement to a Permanent Contract Ending a Fixed-Term Contract Where a fixed-term contract ends at a previously agreed and defined date Where a fixed-term contract is being terminated before the defined expiry date Entitlement to redundancy payment Consultation Accountabilities Equality Impact Assessment Review... 4 Appendix 1. Equality Impact Assessment... 5 Fixed Term Employment Policy

3 Fixed Term Employment Policy 1 Purpose The University is committed to ensuring that employees on a fixed-term contract of employment are treated no less favourably than comparable permanent employees in respect of pay, conditions and general treatment at work. The aim of this policy is to ensure that the University adopts a fair, consistent and transparent approach to the use of fixedterm contracts, and to the employment of fixed-term staff. 2 Scope This policy covers the general use of fixed-term contracts, the extension and termination of fixed-term contracts, the general employment rights of fixed-term staff, and the right of fixed-term staff to permanent status. 3 Eligibility This Policy applies to all staff employed by Glasgow Caledonian University on a fixed-term contract of employment. Note: this Policy does not apply to agency staff as it is the agency that employs the individual and therefore the policies in place at the agency will apply. 4 Use of Fixed-Term Contracts The University is committed to using fixed-term contracts of employment only when it is necessary to do so in relation to the specific role to be filled, or project to be undertaken. Fixed-term contracts will normally be used only when: it is known in advance that a particular job will come to an end on a specific date; the employment is for the purpose of completing a particular project or task; the employment is for the purpose of temporarily replacing an employee who is absent from work for a period of more than four weeks duration (e.g. maternity leave, longterm sickness, career break, etc.), but who has the right to return to his/her substantive post; the post is dependent on finite external funding which has been provided for the purpose of completing a specified task or project. When seeking approval to advertise a fixed-term post, the recruiting manager will be required to state clearly the rationale for a fixed-term appointment. Further guidance is available on the People Services pages within the GCYOU staff portal. If a role or project is expected to last longer than 3 years then a permanent appointment will normally be made, unless there is clear justification for a fixed-term contract. The Joint Consultative Committee will receive a regular report on the number of fixed-term contracts that have been issued of greater than three years duration. Fixed Term Employment Policy 1

4 5 Employment Staff employed on fixed-term contracts will have the same opportunities for job-related development, promotion and reward & recognition as permanent employees. However, as a fixed-term employee is employed for a defined period of time to fulfil a specific role, which will have been HERA evaluated through the normal process by trained analysts prior to advertising, they will not normally be eligible for secondment to another role, or to apply for grading review. All fixed-term employees will be expected to have received clearly defined tasks or objectives when they take up post, and to receive feedback from their manager in relation to their performance. Fixed-term employees on contracts in excess of 12 months duration will be expected to participate in the University s annual Performance Development Scheme (PDS), and to agree objectives and review performance against them with their Line Manager or Reviewer under that scheme. Details of the Performance Development Scheme can be found on the People Services pages within the GCYOU staff portal. 6 Extending a Fixed-Term Contract If it becomes necessary to extend a fixed-term contract of employment (e.g. a project overruns, an absence becomes extended, etc.), the Line Manager will explain this to the member of staff and discuss the extension with him/her. The Line Manager must obtain the necessary approval, and advise the People Services Department of the source of funding for the contract extension, no later than one month before the end of the current contract. The People Services Department will then issue a letter to the member of staff confirming the period of, and stating the reason for, the extension which is being offered. 7 Entitlement to a Permanent Contract Where an employee on a fixed-term contract has been continuously employed by the University for a period of three years (with no break in service) he/she will become entitled to permanent status, unless the Line Manager provides reasonable justification for continuing with a fixed-term appointment. 8 Ending a Fixed-Term Contract 8.1 Where a fixed-term contract ends at a previously agreed and defined date Where a fixed-term contract is reaching a natural end, the fixed-term employee s Line Manager will speak to him/her to confirm the termination of the contract. This will be followed by written notice of termination of employment from the People Services in line with the employee s terms & conditions of service. Where the fixed-term employee has more than 12 months continuous employment with Glasgow Caledonian University he/she will be eligible to be considered for re-deployment. The Line Manager will explore possible re-deployment opportunities that might exist or arise in the host School/ Directorate and discuss them with the fixed-term employee. The People Services Adviser will liaise with the employee about possible re-deployment opportunities in the wider University. The standard terms of the Redeployment Policy will apply. Fixed Term Employment Policy 2

5 8.2 Where a fixed-term contract is being terminated before the defined expiry date A fixed-term employee may terminate his/her employment before the expiry of the contract by giving written notice as required by his/her terms & conditions of service. The University may terminate a fixed-term contract early by dismissal on the grounds of gross misconduct, capability, ill-health, or due to some other substantial reason. Termination of the contract in such circumstances will occur following completion of the appropriate formal University process, and where there is a decision to dismiss. The University may also terminate a fixed-term contract early where required by organisational change; e.g. the early return of the substantive post-holder, the early completion of a project, restructuring, etc. In such circumstances the Line Manager will consult with the fixed-term employee on the reasons for the decision to terminate the contract and, if appropriate, will explore possible alternatives to allow employment to continue. The employee will have the right to be accompanied by a Trade Union representative or University colleague at these consultation meetings. Where the fixedterm employee has more than 12 months continuous employment with Glasgow Caledonian University he/she will be eligible to be considered for re-deployment as described in 8.1 above. 8.3 Entitlement to redundancy payment Where a fixed-term employee has more than two years continuous service with the University, or with the University and a previous employer covered by the Redundancy Payments Order 1999, he/she will be eligible for a Statutory Redundancy Payment. People Services Department will provide details of the employee s entitlement in writing prior to the termination of his/her contract. Details of organisations covered by the Redundancy Payments Order can be found at and details of Statutory Redundancy Payments can be found at 9 Consultation Where a fixed-term contract is ending at the previously agreed and defined date, or where there is a proposal to terminate an individual fixed-term contract early, consultation will be undertaken individually with the fixed-term employee(s) and his/her representative(s) (if applicable). Where there is a proposal to terminate multiple fixed-term contracts as part of a wider organisational change then formal consultation on the proposal will take place at the Joint Consultative Committee. 10 Accountabilities The Executive Board will be accountable for overseeing the implementation of this Policy. Managers will be expected to operate in line with this policy when employing staff on a fixed-term contract, in particular with regard to their responsibility to consult with staff prior to the termination of a fixed-term contract. People Services will ensure that any guidance and/or training required to support the operation of this Policy is available, and will provide detailed advice to managers and staff on the operation of this Policy. Fixed Term Employment Policy 3

6 11 Equality Impact Assessment An Equality Impact Assessment has been completed for this policy and is attached in Appendix 2. Statistically, the expectation is that a greater proportion of fixed-term staff will be female. As the purpose of this policy is to ensure fair and equitable treatment of fixed-term staff it should therefore have a positive impact in terms of equality. The main potential for negative impact is expected to arise from decisions made by managers in the operation of this policy. To reduce the potential risk People Services will provide detailed guidance for managers and staff to support this policy, will work with managers as necessary to ensure that, as far as possible, their decisions are fair and equitable, and will monitor the impact of the operation of this policy on an ongoing basis. 12 Review This policy will be reviewed by People Services on an annual basis. If no amendments are required this will be reported to SPC. Where minor amendments are found to be necessary the policy will be revised and circulated to JCC, EB and SPC with the amendments highlighted for information. Where more significant amendments are necessary the policy will be re-drafted and updated through the normal consultation and approval process. Fixed Term Employment Policy 4

7 Appendix 1. Equality Impact Assessment Name of policy/procedure/strategy: Fixed Term Employment Policy School/Directorate: Directorate of People Name of policy/procedure/strategy owner: David Darroch, People Services Business Partner Date of Assessment: 1. Briefly describe the aims, objectives and purpose of the policy/procedure/strategy. To ensure that employees on fixed term contracts are not treated less favourably than comparable employees on permanent contracts, in relation to pay, conditions and general treatment at work. 2. What are the intended outcomes? Fair treatment of employees on fixed term contracts, and compliance with relevant legislation. 3. Who are the main stakeholders? (e.g. staff, students, visitors) 4. How does the policy/procedure/strategy take into account different needs and circumstances (e.g. Ethnicity: cultural sensitivities, plain English; Disability: Alternate/ accessible formats; Gender: inclusive to women and men; Sexual Orientation; Faith or Belief, religious practices; Age: needs of younger and older people)? 5. What is the likely impact on the general duty to have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act? E.g. Is there evidence to indicate that the policy may result in less favourable treatment for particular groups? Senior Managers, Line Managers and Staff. The policy deals with arrangements for employing, and ending the employment of fixed-term staff which must be done in the same manner, regardless of differing needs of individuals involved. The policy is therefore designed to ensure issues are generally addressed in a fair and consistent manner, regardless of the beliefs, needs or other characteristics of the staff involved. Statistically, a greater proportion of fixed-term staff tend to be female. This policy is therefore likely to have a positive impact on the general duty to eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act, as it will ensure the fair treatment of fixed-term staff. Fixed Term Employment Policy 5

8 6. What is the likely impact on the general duty to have due regard to the need to advance equality of opportunity between people who share a protected characteristic and people who do not share it? E.g. Is there evidence to show that the policy helps to remove disadvantage or encourages the participation of particular groups? 7. What is the likely impact on the general duty to have due regard to the need to foster good relations between people who share a protected characteristic, or not? Statistically, a greater proportion of fixed-term staff tend to be female. This policy is therefore likely to have a positive impact on the general duty to eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act, as it will ensure the fair treatment of fixed-term staff. This policy is likely to have a positive impact on the general duty to foster good relations because it aims to ensure a fair consistent and transparent approach to the employment of fixed term staff. E.g. Is there evidence to illustrate that the policy helps to tackle prejudice or promote understanding? 8. How will any negative impact identified above be addressed? 9. What is the overall impact rating? (Choose one rating) 10. How will the results of the equality impact assessment be published? 11. How will the implementation of the policy, procedure, strategy and its impact on equality be monitored and reviewed? The potential for negative impact is expected to arise from decisions made by managers during the operation of this policy. To reduce the potential risk, People Services will monitor the impact of the operation of this policy on an ongoing basis, will provide detailed guidance for managers and staff to support this policy, and will work with managers as necessary to ensure that, as far as possible, their decisions are fair and equitable. Unknown: It is not possible to collect evidence or data prior to the introduction of the policy, therefore an assessment cannot be made. The results will be published on the GCU s Equality and Diversity website, and also communicated to relevant stakeholders. The Policy will be reviewed as part of GCU s annual policy review process. Back Fixed Term Employment Policy 6